Terms and conditions

Introduction

Pitchup.com acts as booking agent for the campsites and other service providers advertised on the website www.pitchup.com (the “Website”).

By using and/or visiting the Website you agree to these Terms and Conditions and the Privacy Policy (the “Terms”), and you expressly consent and agree to be bound by the terms and conditions and all applicable laws and regulations that govern the Website and your booking. If you disagree with any part of these terms and conditions, you must not use the Website.

Pitchup.com may modify the content of the Website and/or Terms at any time, and such modification shall be effective immediately upon posting of the modified content and/or Terms on the Website and your continued use of or access to this Website will be deemed to indicate your acceptance of the modified content and/or Terms.

As a condition of using the Website, you warrant that all information you supply is true, accurate, current and complete; you will safeguard any account information; you are 18 years of age or older in order to register for an account and contribute to the Website; and you have the authority to enter into this agreement.

References to “campsite provider” mean the owner/provider of the campsites, holiday parks, lodges parks and other accommodation of any description featured on this website, and references to “campsite” means the campsite, holiday park, lodge park and other accommodation of any description featured on this website. References to “pitches” mean the accommodation including all facilities and services advertised on our website that we have agreed to arrange in connection with your confirmed booking.

References to “we”, “us” or “our” are to Pitchup.com and references to “you” or “your” are to you, the user of the Website, including any person who we reasonably believe is acting with your authority or knowledge.Affiliates are third parties who, in agreement with Pitchup.com, distribute Pitchup.com pitches to their customers.

Important information

Pitchup.com acts as booking agent only in respect of all bookings we make on your behalf. By proceeding to book pitches and/or other services through the Website, you accept that you will be entering into a contract with the campsite provider on their standard terms and conditions. If they are provided, we will endeavour (but undertake no liability to do so) to make copies of the campsite provider’s terms and conditions available to you.

You accept that we have not in any way selected or assembled your travel arrangements for you. Your accommodation arrangements are not a package and do not all within the meaning of The Package Travel, Package Holidays and Package Tours Regulations 1992 nor the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 1995.

Where you, or any of the people that you are booking on behalf of, are in breach of any the provisions of these Terms or contravention of any laws or rights of a third party, we reserve the right to cancel your booking without refund or compensation in any way and recover from you any costs incurred as a result of your behaviour.

You understand that we may not have conducted any quality or other checks on the campsite providers and we make no representations about the suitability of the accommodation and/or services offered for sale through the Website. The inclusion or offering for sale of pitches and/or services by Pitchup.com does not constitute an express or implied endorsement or recommendation by Pitchup.com of such accommodation or services. We do not guarantee the accuracy of, and disclaim liability for any inaccuracies relating to, the pitches and services offered for sale through us.

Any information placed on the Website relating to campsites including, but without limitation, details of the campsite provider, the availability of pitches at the campsite provider, the price of the pitches, the facilities available at the campsite provider, any accreditations afforded to the campsites and/or details relating to any other services advertised on the Website have been placed on the Website by accommodation and/or service providers who are independent businesses and are not agents or employees of Pitchup.com or its affiliates. Such information does not constitute any advice or recommendation given by Pitchup.com and Pitchup.com shall not be held liable for inaccuracies or errors in the accommodation contents or any of its elements. Please confirm all details with the campsite.

These independent businesses provide the services in accordance with their other terms and conditions which may limit or exclude their liability to you. Pitchup.com and its affiliates are not liable for any acts, omissions, breachs or negligence of any such independent businesses or any damages or expenses resulting from the aforesaid. Pitchup.com and its affiliates are not liable for any refunds in the event of overbooking or force majeure or any other cause beyond their control. Any deposits paid to Pitchup.com are non refundable.

As Pitchup.com acts only as a booking agent we will have no responsibility for any errors in documentation except where those errors were made by Pitchup.com.

We undertake no responsibility for and are not liable for the misrepresentations, breaches of contract, breaches of statutory duty or negligence of any of the campsite providers and other suppliers of services who sell their products and services through us. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of a campsite provider or other supplier of services (or their employees or agents) or you having any complaint about the quality of the services provided or having any complaint at all, your sole right of redress will be against the independent third party who provided such service and Pitchup.com will be under no liability at all (whether in contract, tort or otherwise howsoever).

Nothing in these terms shall operate to exclude or limit the liability of Pitchup.com for fraudulent misrepresentation or death or personal injury caused by our negligence.

Pitchup.com will not be liable for any changes, cancellation, effect on your booking, loss or damage suffered by you or for any failure by the campsite providers and/or Pitchup.com to perform or properly perform any of our respective obligations to you which is due to any event(s) or circumstance(s) if the non-performance is caused by force majeure. By way of example force majeure includes, but is not limited to, war, revolution, terrorist act, closure of borders, epidemic, natural catastrophe, industrial disputes, technical failure or other causes that seriously affect both parties and other unforeseeable causes beyond Pitchup.com’s control.

If any part of these Terms limiting or excluding liability is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

Intellectual property rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and material and content on the Website (including, but not limited to, text, images, web pages, logos, sounds, layouts, software (including code, interface and website structure), materials, icons, video, look and feel, design and compilation thereof). Subject to the licence below, all these intellectual property rights are reserved and you may not use intellectual property identifying or belonging to Pitchup.com contained on the Website or otherwise without the prior written approval of Pitchup.com.

PITCHUP® is a registered trade mark of Pitchup.com. Except as permitted by these Terms, you shall not make use of the trademarks. The word or mark “Pitchup”, including stylised representations, any associated logos and symbols and combinations thereof with another word or mark are our trademarks.

All goodwill arising in connection with the Website www.pitchup.com shall belong to Pitchup.com.

You also agree not to specifically target the Pitchup.com brand directly through keyword purchases that use Pitchup.com’s intellectual property rights.

Use of Website

Pitchup.com may suspend access to the Website with no obligation to reimburse or compensate you for the period in which access was suspended. We may also change, modify, substitute, suspend or remove without notice any information or service from time to time.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions below.

You may only make legitimate enquiries or bookings for yourself or another person for whom you are legally authorised to act.

You must not: (a) republish material from this website (including republication on another website); (b) sell, rent or otherwise sub-license material from the website; (c) show any material from the website in public; (d) reproduce, modify, duplicate, sell, lease, market, copy or exploit material on our website for a commercial purpose; (e) breach any intellectual property rights – including removal of trademark, copyright or other proprietary notice - of Pitchup.com or others;(f) edit or otherwise modify any material on the Website in any way that causes, or is likely to cause, the Website to be damaged or impaired;(g) make any unauthorised, false or fraudulent booking;(h) use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including, but not limited to, uploading or making available files containing corrupt data or viruses by whatever means;(i) take any action that imposes an unreasonable or disproportionately large load on the Website or related infrastructure.

Reviews, photos and other interactive areas

By submitting content to the Website by email, postings on the Website or other means, you grant Pitchup.com and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to:

(a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform any submissions throughout the world in any media;

(b) use the name that you submit in connection with any submissions. Pitchup.com does not edit or control user messages posted to or distributed on this site, including through chat rooms, bulletin boards or other communication forums, and will not be in any way responsible or liable for such messages.

By using any interactive area of the site, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the site any of the following:

(c) content which may expose Pitchup.com or its affiliates or users to any harm or liability of any type.

Pitchup.com takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or by any third party, or for any loss or damage thereto, nor is Pitchup.com liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Pitchup.com reserves to right to remove any content in our absolute discretion in the event we believe a breach of these Terms has occurred.

Links

Pitchup.com may provide hyperlinks or pointers to other websites maintained by third parties. Pitchup.com does not monitor or endorse the material on them and does not accept any liability in relation to such websites.

Special requests

Special requests are accepted in our booking form. Pitchup.com cannot guarantee that any such requests will be met and will not be liable to you in the event that they are not.

Booking accommodation and other services

Search for your chosen destination and dates, select your preferred campsite provider and proceed to the final booking page. Please ensure that you carefully check the dates, the price, the destination and the campsite provider details before proceeding with your booking. Bookings can only be made by following the online booking procedure.

To make a booking you will be asked to submit personal information about yourself such as your name, email address, telephone number and card details (“Personal Information”). Whenever you provide such Personal Information, Pitchup.com will collate and use such Personal Information in accordance with Pitchup.com’s “Privacy Policy”, details of which are set out at the end of these Terms. Please read this in full before providing any Personal Information to Pitchup.com.

Confirmation

To confirm a booking, you must be authorised to make the booking by all persons named on the booking and their parent or guardian for all party members who are under 18 when the booking is made. By making the booking, you are confirming that all persons named on the booking accept the Terms and you will inform the other persons named on the booking of the confirmation details and any other appropriate information. By making the booking you also become responsible for making all payments due under the booking.

Pitchup.com will confirm your booking and issue you with an email confirmation. If you do not receive a confirmation email within 24 hours of your booking, please contact enquiries@pitchup.com.

Depending on the campsite you book, either:

(a) The campsite or other service provider with which you enter into a contract will take payment, and Pitchup.com will not deduct any money from your card; or

(b) Pitchup.com will deduct a deposit from your card, with any balance remaining to be paid direct to the campsite with which you enter into the contract.

In the event that you call Pitchup.com by telephone, or are called by Pitchup.com about your booking, calls may be recorded for monitoring and training purposes. Pitchup.com reserves the right to review any call information.

Cancelling or amending a booking

If you wish to modify or cancel your booking prior to your arrival date, please contact the campsite provider direct.If you cancel or amend your booking, you may forfeit your deposit and there may be a cancellation charge or amendment fee levied by the accommodation or other service provider. In any event, if you fail to cancel or amend your booking in accordance with the provider’s cancellation or amendment policy, you may be charged a cancellation or amendment fee by the accommodation or other service provider. Further details of the cancellation policy are set out in our email to you confirming your booking and are also shown on the campsite’s detail page prior to you making a booking.

If, for whatever reason, you do not turn up at the accommodation on the arrival date stated on your booking confirmation email, without prior warning to Pitchup.com (“a no show”), this shall be considered a cancellation.

Responsibility

You warrant that you have legal capacity to use the Website and to create a legally binding contract.

Your password for this website is confidential to you and should not be disclosed to a third party.You warrant that all Personal Information submitted during accommodation booking is correct and you accept financial responsibility for all transactions made under your name or account.

You hereby authorise Pitchup.com to process all Personal Information about you and the persons named on the booking that has been obtained in connection with your booking. Personal Information shall be deemed to include, but not limited to: any telephone numbers, fax numbers, email addresses, addresses of residences, signatures, ID or passport copies, or any other information belonging to you or your party.

Personal Information collected by Pitchup.com shall be obtained, processed and transmitted in compliance with European Directives 95/46 and 2002/58, as well as any other such legislation that substitutes, complements and develops them. For more information, please refer to our Privacy Policy.

Extras

Requests for extras will be subject to availability and if the accommodation is unable to meet any such request, Pitchup.com will have no liability to you in this respect.

Indemnification

You agree to defend and indemnify Pitchup.com and its affiliates and any of their officers, directors, employees and agents from and against any claim, cause of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (a) your breach of this agreement; (b) your violation of any law or the rights of a third party; (c) your use of this website.

Notification and removal policy

Pitchup.com operates on a notice and removal basis. If you have a complaint or objection to material or content posted on this site, please contact us immediately at enquiries@pitchup.com. Once this procedure has been followed, Pitchup.com will make all reasonable endeavours to remove illegal content within a reasonable timeframe.

Complaints and problems with your accommodation

In the event that you have any problems with your accommodation please inform the accommodation reception staff or management immediately, to enable them to take appropriate action.

Pre-departure

Pitchup.com is not liable for damages or losses that may result from travel to any particular destination.It is your responsibility to ensure you have the relevant travel and health documents before departure for the country you are visiting, which shall include, but is not limited to any inoculations required, IDs and passport.

Pitchup.com shall not be liable for any expense resulting from your missing, incomplete or incorrect documentation or any non-compliance with requirements.

Insurance

You are strongly advised to take out adequate travel insurance before your holiday. It is your responsibility to check that you have adequate insurance cover. The insurance should cover, among other things, the cost of cancellation by you, personal losses, all medical costs and the costs of assistance including return to the UK in the event of an accident of illness.

Enforceability, legislation and courts of jurisdiction

In the event that a provision of these Terms is found to be illegal or unenforceable, the remainder of these Terms will not be affected and the provision on question shall be deemed to be modified to the extent necessary to make it enforceable.

In the event of a delay in acting upon a breach of these Terms by you, that delay will not be regarded as a waiver of the breach. If we waive a breach of these Terms by you, that waiver is limited to the particular breach.

This agreement will be governed by English law and any disputes will be dealt with by the English courts.